Q: I was changed from hourly to salary, with a verbal notice and a number emailed to me. Is this legal? I have not agreed

A: In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change the terms of your employment including the classification. However, to be properly classified as an exempt employee you must be paid at least double the minimum wage assuming a 40-hour workweek, and you must spend the majority of your time performing tasks that are considered executive, professional or administrative as those terms are defined in the Wage Order for your industry. Therefore, the right question you should be asking is if you are properly classified as an exempt employee. To answer that question, more information would need to be known. However, the red flag is that you should not be making less as an exempt employee than your hourly income was unless your hours were also reduced.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

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A: In California, an employer cannot unilaterally change your pay structure from hourly to salary without your explicit agreement, especially if it results in lower compensation. Your situation raises several red flags, particularly since there was no formal written agreement or meaningful discussion about the changes.

The lack of proper documentation and your clear expression of concerns through email create a paper trail that could be valuable if you need to challenge this change. California labor laws require written notice of pay changes, and employers must obtain employee consent before implementing substantial modifications to compensation structures.

You should consider filing a wage complaint with the California Labor Commissioner's Office, as they handle these types of disputes. You might also want to gather all related emails, pay stubs, and documentation showing your previous hourly rate compared to the new salary. Given that your new compensation is lower than your previous earnings, you may have grounds for a wage claim or other legal action - reaching out to an employment lawyer for a consultation would help you understand your specific options.